Solicitors for Advertising and Marketing Agencies
Protect your creative work, agency and business interests with expert legal advice for advertising and marketing professionals. We provide practical support with intellectual property, advertising compliance, contracts and disputes.
Lana James
Advertising & Marketing Law Team
Advertising and Marketing Agencies
Advertising and marketing agencies operate in a fast-moving environment where ideas are the product, clients expect results quickly, and regulatory oversight is real. The legal risks that agencies face are equally fast-moving: from intellectual property disputes over creative work to regulatory complaints before the ASA, and contract disagreements with clients over deliverables and fees.
Freeman Harris advises advertising agencies, marketing consultancies, PR firms and freelance creatives on the legal issues that arise in their day-to-day work. We provide practical, commercial advice without unnecessary complexity.
Intellectual Property
Copyright in Creative Work
Advertising campaigns, brand identities, copy, photography, video content and digital assets are all protected by copyright. However, ownership of that copyright depends on how it was created and what your contract says. Agencies that do not address copyright ownership in their client agreements often find themselves in disputes about who owns the work after a campaign ends.
Freeman Harris advises agencies and their clients on copyright ownership, licensing terms, assignment of rights and infringement. We act in disputes where a client or competitor has used creative work without proper authorisation.
Trade Marks
If your agency has built a distinctive brand, or you are advising a client on the launch of a new brand or campaign name, trade mark registration is an early and important step. Freeman Harris handles UK and EU trade mark applications and advises on clearing names before launch to avoid costly conflicts later.
ASA Compliance and Regulatory Advice
The Advertising Standards Authority regulates advertising across all media in the UK. Complaints to the ASA can result in mandatory withdrawal of campaigns, significant reputational damage and, in some cases, referral to other regulators.
Our solicitors advise agencies and advertisers on:
- Pre-publication clearance of advertising content
- Responding to ASA investigations and formal complaints
- CAP and BCAP Code compliance for digital, broadcast and print advertising
- Comparative advertising and substantiation of claims
- Financial promotions and sector-specific advertising rules
Defamation and Reputation
Advertising that makes comparative claims, references competitors, or touches on public figures can give rise to defamation claims if the content is false or misleading. Freeman Harris advises agencies and their clients on managing defamation risk in campaigns, and acts for parties in defamation disputes including injunction applications and damages claims.
Client and Supplier Contracts
The agency-client relationship is governed almost entirely by the contract between them. Poorly drafted agreements lead to disputes about scope, intellectual property ownership, payment terms and liability. Freeman Harris drafts and reviews:
- Agency-client service agreements
- Retainer and project-based fee agreements
- Freelancer and contractor agreements
- Media buying and supplier agreements
- Non-disclosure and non-solicitation agreements
We also advise agencies on contract disputes, including where a client refuses to pay, disputes the scope of work, or attempts to terminate without proper notice.
Why Freeman Harris?
We understand that agencies need legal advice that keeps pace with their business. Our solicitors provide commercial, responsive advice on the issues that matter most to agencies, from protecting creative IP to navigating regulatory complaints and resolving client disputes.
Contact our team to find out how we can support your agency.
Advertising and Marketing Law Team
Ian Freeman
Managing DirectorIan advises businesses on commercial contracts, intellectual property and dispute resolution. He provides practical, commercially focused advice to advertising and marketing agencies.Talha Fazlani
LawyerTalha specialises in intellectual property and commercial disputes. He helps agencies protect their creative work, brands and commercial interests.Lana James
ParalegalLana supports clients with commercial and legal matters, assisting advertising and marketing agencies with contracts, intellectual property and dispute-related issues.
Advertising and Marketing Law FAQs
- What is the difference between a contract lawyer and a commercial solicitor?
The terms are often used interchangeably. In England and Wales, all lawyers who draft commercial contracts are regulated solicitors. “Contract lawyer” and “contract solicitor” refer to the same qualified professionals.
- Do I need a lawyer to draft a contract?
You are not legally required to use a solicitor, but a poorly drafted contract can cost far more to resolve than the original legal fee. For low-value, low-risk arrangements, a good template may suffice. For anything significant such as a new business relationship, a licensing deal, a franchise arrangement, professional drafting protects you if things go wrong.
- How long does it take to draft a contract?
For a straightforward commercial services agreement, we can typically produce a first draft within a few working days. More complex contracts take longer depending on the negotiation required.
- Can you review a contract someone else has drafted?
Yes. Contract review is one of our most common instructions. We identify unfavourable or unusual clauses, advise on the risks, and suggest amendments.
- What should a commercial contract include?
Every commercial contract should clearly define what is being supplied, the price, how and when payment is made, what happens if something goes wrong, how the contract ends, and which law governs the agreement. IP ownership, confidentiality, data protection, and liability caps are also important depending on the nature of the deal.
- Can a contract be enforced if it is not signed?
Potentially, yes. An unsigned contract can still be binding if both parties have acted on it. This is exactly why it is important to understand what you are agreeing to before any work begins, not just before you sign.
Contact our Advertising and Marketing Law Team
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